VIDEO: Man scales locked gate after chasing UC Berkeley student home
BERKELEY, Calif. (KGO) -- A UC Berkeley student is calling for changes after a man she says chased her into her apartment complex remains free while prosecutors review the case.
The incident was captured on security video around 8 p.m. on Sept. 15, which shows a woman buzzing into her apartment complex. Seconds later, a man can be seen scaling the locked gate and entering the property. He then pulls out what Berkeley police said was a barbecue lighter.
"I shut the gate behind me, heard him and saw him climbing the gate. Ran into the elevator before he was down from the gate so he didn't see which way I went," said Eden, the student who we are identifying only by her first name for safety.
Eden said the encounter began when the man was making weird gestures and approached her. She walked away only to look back and see him running at her. Once she reached the safety of an elevator inside the building, she called the Berkeley Police Department. According to Eden, officers arrived about an hour later because they were handling what police described as "high priority incidents." They could not locate the suspect. The next day, Eden said she found the same man asleep near her apartment building.
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"I was walking outside and happened upon the man in the same place that he always is, outside of my building," she said.
Berkeley police responded and detained the man who they say was unhoused, but Eden said she watched officers release him shortly afterward.
"About two minutes into the conversation, they took the handcuffs off, and came back to me and said, we can't do anything," she said.
In a statement, Berkeley police said officers could not make an arrest under the circumstances.
"Under California law, officers generally cannot make a warrantless arrest for a misdemeanor that was not committed in their presence. Because the reported trespassing occurred the previous day, officers were unable to make a warrantless arrest based solely on that misdemeanor," the department wrote.
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The Alameda County District Attorney's Office confirmed they are reviewing the case. No charges have been filed at this time. Eden said she was shocked by the outcome.
"It shouldn't be legal to chase someone home and jump their gate and stay the night in their apartment building," she said.
Eden said she hopes her experience will spark broader discussions about public safety and legal protections for residents.
"We deserve stricter laws so that things like this aren't just allowed to happen legally," she said.
While prosecutors review the case, Eden said she hopes sharing her story will encourage greater awareness and lead to stronger consequences for people who trespass where others live.
